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2017 DIGILAW 310 (KAR)

Narayanaswamy S/o Late Venkatareddy v. State of Karnataka, by Nangli Police Station

2017-02-06

P.S.DINESH KUMAR

body2017
ORDER : 1. The petitioner is alleged of offences punishable under Section 420 read with 34 of IPC in Cr. No. 118/2016 registered by Nagli Police Station. 2. Heard Sri. Pradeep C.S. learned counsel for the petitioner and Sri. K. Nageshwarappa, learned HCGP for the Respondent-State. 3. The case of the prosecution is that accused no. 1 Narayanamurthy induced the complainant to part with Rs.17,80,000/- on an assurance that he would arrange demonetized notes along with 11% more than the sum alleged to have been relieved from the complainant. 4. Sri. Pradeep C.S. learned counsel for the petitioner argued that there is no whisper of any offence committed by the petitioner herein and on the other hand, a plain reading of the complaint discloses that accused no. 1 introduced the petitioner and two others, namely, Surendra @ Reddappa and Devaraj to the complainant and received the amount of Rs.17,80,000/-. In the premise, there is no primafacie case against the petitioner and he further submits that accused Nos. 2, 4 and 5 have already been granted regular bail by the Prl. CJ and JMFC, Mulbagal vide orders dated 27.12.2016. Therefore, on the ground of parity, he prays for allowing this petition. 5. Petition is opposed by learned HCGP. 6. I gave my careful consideration to the submissions made by the learned counsel for the petitioner and the learned HCGP and perused the records. 7. The complaint discloses that accused no. 1 introduced the petitioner to the complainant along with one Surendra @ Reddappa and Devaraj. A sum of Rs.17,80,000/- was received by accused no. 1 who along with three others said to have taken the money in the Car. The Trial Court vide separate order dated 27.12.2016 has granted bail to Accused Nos. 4 and 5. The allegation against accused Nos. 3, 4 and 5 are similar. In the premise, petition merits consideration and the petitioner shall be entitled to anticipatory bail. 1 who along with three others said to have taken the money in the Car. The Trial Court vide separate order dated 27.12.2016 has granted bail to Accused Nos. 4 and 5. The allegation against accused Nos. 3, 4 and 5 are similar. In the premise, petition merits consideration and the petitioner shall be entitled to anticipatory bail. Accordingly, it is directed that petitioner shall be enlarged on bail in the following conditions: ORDER (i) In the event of arrest or voluntary surrender of petitioner before the jurisdictional Police or Magistrate on or before 20.02.2017, he shall be released on bail upon his executing a self bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like sum to the satisfaction of the investigating officer; (ii) He shall cooperate with the Investigating Officer during the further course of investigation and appear as and when called upon; (iii) He shall mark his attendance before the jurisdictional Police on every 1st and 3rd Sunday between 10.00 a.m. & 1.00 p.m. till the charge sheet is filed; (iv) He shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer; (v) He shall not involve himself in any criminal activities; (vi) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail. Petition allowed.